This is a Court-authorized notice of a proposed settlement in a class action lawsuit. If you received this notice by mail, you have been identified as an individual who was named in a collection lawsuit filed by LVNV or Resurgent in an Illinois court between September 19, 2010 and September 30, 2018, and, therefore, you might be a member of the Settlement Class.

LVNV filed separate collection lawsuits against Vittorio Blaylock Lee and Guillermo Macia in the Circuit Court for St. Clair County, Illinois alleging that Blaylock and Macia owed an outstanding balance on their credit card accounts. Blaylock and Macia responded to the collection lawsuits by asserting class action counterclaims against LVNV and third-party complaints against Resurgent, Alegis Group LLC and Sherman Financial Group LLC (all four are collectively referred to as “Defendants”). Blaylock and Macia alleged, amongst other things, that Defendants did not have the requisite documentation to prove that Blaylock and Macia owed the alleged balances. Blaylock and Macia further alleged that Defendants did not attach to the collection complaints the requisite documentation to establish that Blaylock and Macia owed the alleged balances. Blaylock and Macia alleged that Defendants violated the Illinois Collection Agency Act (225 ILCS 425/1, et seq.); the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1, et seq.); the federal Fair Debt Collection Practices Act (15 U.S.C. 1692, et seq.); and common law civil conspiracy.

Defendants denied Blaylock and Macia’s allegations and raised various defenses. The Court did not rule for or against any party on the merits of the claims, but the parties have reached the proposed settlement announced here.

Without admitting any fault or liability, and in exchange for a release of all claims against Defendants regarding the collection lawsuits at issue, Defendants have agreed to provide benefits to three Subclasses:

• Defendants will provide a credit in the amount of $75 against the outstanding account balance to class members whose accounts are collectible and have an outstanding balance of more than $75.
• Defendants have also agreed to pay a refund to and permanently close the accounts of class members whose accounts were designated “Ownership” and noted as such in their records.
• Defendants have agreed to make $100,000 (the “Settlement Fund”) available to pay those class members whose accounts are either uncollectible or have an outstanding balance of $75 or less and who submit a claim form.

Defendants also agreed to pay an incentive award to Blaylock and Casey Davis, As Independent Administrator for the Estate of Guillermo Macia, for serving as the “class representatives,” to dismiss its collection lawsuits against Blaylock
and Macia, to pay attorneys’ fees and costs to Blaylock and Macia’s attorneys, and to pay settlement administration costs.

The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on November 14, 2022 at 11:00 a.m in the Circuit Court of St. Clair County, 10 Public Square, Belleville, Illinois 62220.  Check with the Circuit Clerk’s office at the Court House for courtroom location on the day of the hearing.  If the Court grants final approval of the settlement, then each class member who meets the requirements in the first paragraph of this section will receive either the $75 credit on their account or a refund payments as described above. There will also be the additional payment of valid claim forms for the third Subclass.

The Court will hold a hearing to decide whether the proposed settlement is fair and reasonable and should be approved. At that fairness hearing, the Court will hear any objections and arguments about the proposed settlement, including the amount of the award of costs and attorneys’ fees to Class Counsel. The fairness hearing will take place on November 14, 2022 at 11:00 a.m in the Circuit Court of St. Clair County, 10 Public Square, Belleville, Illinois 62220.  Check with the Circuit Clerk’s office at the Court House for courtroom location on the day of the hearing.  You do not need to attend this hearing. The fairness hearing may be continued to a future date without further notice. If the Court does not approve the settlement, the case will proceed as if no settlement has been attempted. If the settlement is not approved, there is no assurance that the Settlement Class will recover more than is provided in the settlement, or anything at all.

The Court appointed Vittorio Blaylock and Casey Davis, As Independent Administrator of the Estate of Guillermo Macia to be the “Class Representatives” and appointed Sean Cronin of Donovan Rose Nester, PC, and David Cates and The Cates Law Firm, LLC as “Class Counsel.” At the fairness hearing, Class Counsel will request that the Court approve an incentive award of $5,000 to each of the Class Representatives. Additionally, Class Counsel will request that the Court award attorneys’ fees and costs of up to $4,000,000.00 to Class Counsel, and an estimated $40,000 to pay the Settlement Administrator’s expenses.

This description of the litigation is general and does not cover all of the issues and proceedings. To see a copy of the Class Action Complaint or the settlement agreement, you may visit the office of the Clerk of the Circuit Court of St. Clair County, 10 Public Square, Belleville, Illinois 62220. The Clerk will make them available to you for inspection and copying at your own expense. These documents are also available on the settlement website, www.LVNVsettlement.com.

You may contact the Settlement Administrator— Analytics Consulting LLC—by calling 844-460-2947.

If you have specific questions for Class Counsel, the address and telephone numbers are here. Include the case number, your name, your fax number, and your telephone number in any correspondence.

Do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer your questions or give you advice about this settlement.